gc2
12-03 03:15 PM
why would you ask about unemployment for a GC application based on employment category or so i assume.
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eb3retro
04-16 12:33 PM
anyone from plano, texas here? pls PM me. Thanks.
lghtslpr
02-14 03:35 AM
We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.
That's great!!!
Who were "we?"
And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!
Thanks.
-L.
That's great!!!
Who were "we?"
And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!
Thanks.
-L.
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ken
09-29 11:40 PM
I opted for renewing the AP online on Sept 22,2009.Got the receipt at the same time, and next day which is Sept 23 i sent the supporting documents along with the cover letter,2 photographs ,confirmation receipt ,485 receipt, DL copy and passport copy from Priority Mail with delivery confirmation. Today when I tried to check the status on postal website it says that document scanned on Sept 23 which means they haven't reached the destination, now this concerns me because previously when ever I applied AP and sent the supporting documents they normally take 2 to 3 business days to reach.
Now my question:
1) If suppose the AP supporting documents get lost in mail then can I send the documents again and if in the mean time postal service delivers the first set
In between I see soft LUD's of 9/28 on my wife AP
All responses to the above matter is highly appreciated
Now my question:
1) If suppose the AP supporting documents get lost in mail then can I send the documents again and if in the mean time postal service delivers the first set
In between I see soft LUD's of 9/28 on my wife AP
All responses to the above matter is highly appreciated
more...
seahawks
09-09 12:59 PM
^^^ bump ^^^
GCNirvana007
10-08 05:05 PM
GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Non-complaince only if i signed any saying i will be joining them after my GC or its by default?
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Non-complaince only if i signed any saying i will be joining them after my GC or its by default?
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TeddyKoochu
11-05 09:16 AM
Just Voted, thanks for posting.
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silk2fire
10-15 01:51 PM
I had only one lud after fingerprints code 3 (same Day - Thu day).
:( Does that mean my case is stuck in Name check.??????????????? :(
:( Does that mean my case is stuck in Name check.??????????????? :(
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ssss
08-01 05:18 PM
UPS issued same tracking number for 2 different packages from same place of origin lastweek.
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sri_chicago
05-14 06:36 PM
Hi sts_seeker,
Could you please provide me USCIS customer service phone number options to discuss about RFE.
Could you please provide me USCIS customer service phone number options to discuss about RFE.
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Ann Ruben
07-06 06:04 PM
Hi Raj,
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
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mohitb272
12-11 02:41 PM
hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
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singhsa3
05-01 11:50 AM
I know only three things:
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
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boston_gc
01-20 09:29 PM
My I-797 approval notice was received several months ago. Does that reduce the possibility of security delays? Also, is there a way to take proactive steps to make sure PIMS is cleared before visa interview date?
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immi_enthu
08-28 09:05 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?
what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?
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xtronics
07-07 01:57 PM
gultie,
what sector are you in? IT/ Engg.?
is it for a consulting company? If so, Desi?
I heard they are scrutinizing desi consulting companies meticulously
I will be filing for my extension within the next few weeks
what sector are you in? IT/ Engg.?
is it for a consulting company? If so, Desi?
I heard they are scrutinizing desi consulting companies meticulously
I will be filing for my extension within the next few weeks
more...
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wandmaker
10-29 08:42 AM
Your kid is eligible to apply for SSN and you can apply because SSN not only meant for work, it is also for tax purposes. FYI - If you are residing in California or Chicago, No restrictive text will be printed on SSN card. Hope this helps!
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xbohdpukc
09-25 11:59 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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stupendousman11
08-18 12:51 PM
Hi stu*
Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
Would it work?
Anyone??
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
Would it work?
Anyone??
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
h1b_forever
10-01 12:09 PM
I am the primary applicant.
But AP seems to be going the other way. I got my approval. My wife hasnt yet.
But AP seems to be going the other way. I got my approval. My wife hasnt yet.
maddila
09-16 04:03 PM
I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.
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